Wrongful Death

Wrongful Death Lawyers — Accountability When Negligence Takes a Life

When negligence causes death—a trucking accident, medical malpractice, defective product, workplace injury, or any other preventable tragedy—the family is left without financial support, companionship, and guidance. Wrongful death claims hold negligent parties accountable and provide financial recovery for the family’s loss. Trial Lawyers United has recovered millions in wrongful death cases across all practice areas: transportation, workplace, products, premises, and medical malpractice.

What Is a Wrongful Death Claim

A wrongful death claim is a civil lawsuit filed on behalf of the deceased person’s family (or estate) against the party whose negligence or intentional conduct caused the death. The family (not the deceased) is the plaintiff. Wrongful death claims are distinct from criminal prosecution—they are civil suits seeking monetary damages, not punishment.

The legal standard: the defendant owed a duty of care to the deceased, breached that duty, and the breach caused death.

Who Can File a Wrongful Death Claim

Wrongful death statutes specify which family members are ‘statutory beneficiaries’ who can recover. These vary by state:

• Surviving spouse: entitled to recovery for loss of financial support and companionship
• Children (minor and adult): entitled to loss of parental financial support, guidance, and companionship
• Parents: entitled to loss of financial support (usually only if deceased child was provider)
• Other dependents: may include grandchildren, siblings, or others dependent on the deceased

Some states allow recovery only by immediate family; others are broader. The statute specifies ranking—spouse first, then children, then parents, etc.

Common Causes of Wrongful Death

Trucking and vehicle accidents: caused by driver negligence, speeding, hours-of-service violations, or defective vehicles

• Workplace accidents: industrial machinery, explosions, electrocution, falls, inadequate safety measures
• Medical malpractice: surgical errors, misdiagnosis, anesthesia accidents, medication errors
• Defective products: dangerous pharmaceuticals, defective medical devices, consumer product hazards
• Premises liability: inadequate security (assault), falls, fires, drowning
• Nursing home negligence: abuse, gross neglect, medication errors, falls

Types of Damages in Wrongful Death Cases

Economic Damages

Loss of financial support the deceased would have provided (salary, benefits, life expectancy), lost inheritance or gifts, loss of household services, funeral and burial expenses.

Non-Economic Damages

Loss of companionship, love, affection, guidance, and society. For a child, loss of parental care and training. For a spouse, loss of intimate companionship.

Punitive Damages

• In cases of gross negligence or intentional conduct, some states allow punitive damages to punish and deter the defendant.
• Requires clear and convincing evidence of malice or recklessness.

Wrongful Death vs. Survival Action

Two related but distinct claims often arise:

Wrongful Death Action

Filed by the family for losses they suffered from the death. Recoverable by statutory beneficiaries. Includes loss of companionship and financial support.

Survival Action

Filed on behalf of the deceased’s estate for damages the deceased would have recovered if alive—medical expenses incurred before death, pain and suffering experienced before death, lost wages earned before death. Usually smaller than wrongful death recovery.

Both claims are pursued together. The family recovers for wrongful death; the estate recovers for survival damages.

Statute of Limitations

Wrongful death claims must be filed within a specific time period—typically 1–3 years from the date of death, depending on the state and cause. Some states toll (pause) the statute for minor children until they reach age 18. Do not delay—evidence deteriorates and witnesses become unavailable.

Trial Lawyers United’s Wrongful Death Results

We have recovered substantial wrongful death damages across all practice areas:

• Trucking accidents: deadliest trucking accident in Texas history; recovered for multiple families who lost loved ones
• Train wrecks: Midland Veterans Day train derailment; obtained recovery for families
• Oilfield explosions: fatal explosions; pursued operator and equipment liability
• Nursing home deaths: pursued corporate negligence and individual caregiver liability
• Medical malpractice: obtained wrongful death recovery for families in surgical and diagnostic error cases

Frequently Asked Questions

How much is a wrongful death case worth?

Damages depend on the deceased’s age, earning potential, life expectancy, and family composition. A 35-year-old parent supporting two children has higher value than a 70-year-old retiree. Wrongful death cases typically settle for $500,000–$5 million+, depending on liability strength and defendant resources.

Can children recover for the death of a parent?

Yes. Children (minor and sometimes adult) are statutory beneficiaries in most states. They recover for loss of parental financial support, guidance, training, and companionship. Minor children typically recover more than adult children (no longer dependent).

What if the family did not depend on the deceased financially?

Non-economic damages (loss of companionship and society) are substantial. A spouse who did not rely on the deceased financially still recovers for loss of companionship, love, and affection. Damages may be lower than in cases with significant financial support loss, but they remain significant.

How long does a wrongful death case take?

Most wrongful death cases settle within 1–3 years. Some take longer if liability is disputed or multiple parties are involved. We work to resolve cases efficiently while pursuing full compensation for the family’s loss.